JUDGMENT 1. - Heard the learned counsel for the parties and examined the impugned judgments and orders of the inferior courts. 2. Babu Lal, Petitioner, has been convicted of offence Under Sections 341. 324 and 326 IPC for having wrongfully restrained PW.2 Prabhulal and caused simple and grievous hurt to him with a sharp edged weapon on 23.1.94 at 8.30 A.M. at village Koyla, Distt. Baran. The petitioner was sentenced to suffer one months S.l. for offence Under section 341 IPC, one year's R.l. Rs. 500/- fine for offence Under section 324 IPC and two years R.l. + Rs. 1500/- fine for offence Under section 326 IPC. 3. The courts below had recorded the concurrent finding, regarding the guilt of the petitioner. Such finding has not been challenged before me. On going through the impugned judgments and orders, I am satisfied that PW. 2 Prabhulal had been caused one simple and one grievous hurt with a kharia' a sharp edged weapon, by the petitioner on the relevant date, time and plans and that one of the said injuries had been found grievous in nature by PW. 5 Dr. S.K. Gupta the conviction of the petitioner for offences Under Sections 324 and 326 IPC therefore suffers from no infirmity. 4. Both the inferior courts have, however not found it as a fact, that the petitioner had wrongfully restrained PW.2 Prabhu Lal from going to a particular direction and was forced to go to another direction. The incident is alleged to have taken place when PW. 2 Prabhu Lal was going to wash himself at the village pond and the petitioner had appeared on the scene of occurrence and assaulted him. Such facts do not constitute the offence of wrongful restrain. Punishable Under section 341 IPC. The petitioner, therefore, deserves acquittal for that offence. 5. For sentence it was submitted that the petitioner was a young boy and the parties were cousins. It was submitted that the petitioner has faced the trial for about 4 years and that he has already been in detention for about 5 month, only two injuries. One simple and one grievous, were earned is PW.S. Prabhulal. 6. The conviction of the petitioner for the offence Under section 324 and 326 IPC is therefore, sustained but he is acquitted of the offence Under section 541 IPC.
One simple and one grievous, were earned is PW.S. Prabhulal. 6. The conviction of the petitioner for the offence Under section 324 and 326 IPC is therefore, sustained but he is acquitted of the offence Under section 541 IPC. looking to the facts and circumstances of the case and the period of detention of the petitioner in jail the sentence of imprisonment, awarded to him for offences Under sections 324 and 326 IPC,is however reduced to the period already undergone by him subject to increase in the amount of fine of Rs. 1500/- to Rs. 3,000/- for offence Under section 326 IPC. As and when the petitioner deposits such amount, he shall be released from confinement. The amount of fine, if realised, shall be paid to PW2 Prabhu lal by way of compensation. 7. In the result, the petition is partly allowed.> Petition partly allowed. *******